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FLOOR ACTION:
HF 2160– Assisted Reproduction Fraud
HF 2160 creates the “Fraud in Assisted Reproduction Act.” It prohibits a person from engaging in a practice the person knows, or reasonably should have known, is providing false information to a patient related to assisted reproduction procedure or treatment. False information can be related to: (a) human reproductive material used or provided; (b) the identify of a donor of human reproductive material; or (c) a donor’s medical history or family history. A person who violates this section is guilty of a Class “D” felony. (A Class D felony is punishable by confinement for no more than five years and a fine of at least $1,025, but not more than $10,245.)
The bill prohibits a physician from using human reproductive material for assisted reproduction other than that agreed to in writing by the patient or providing a patient with human reproductive material other than that to which the patient expressly consented in writing or using human reproductive material without the donor’s consent. A violation of this section by a health care provider or facility is a class “C” felony. (A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660).
It is not a defense that a patient expressly consented in writing to the use of material from an anonymous donor.
A violation of the provisions of the bill by a physician, health care professional or health facility is grounds for denial of an application for, denial of renewal of, or revocation of any license, permit or certification. A violation also constitutes unprofessional conduct and subjects the provider to discipline, revocation or suspension of license.
The bill provides for a private cause of action for compensatory and punitive damages for a patient who conceives or conceives and gives birth, spouse of the patient, a child or a donor involved in a violation of the bill. A separate cause of action can be claimed for each conception or conception and birth. In addition to compensatory and punitive damages awarded, the court must award the prevailing plaintiff the costs of any applicable fertility treatments, court costs and reasonable attorney fees. The bill includes statutes of limitations.
The bill also provides that a physician commits sexual abuse in the third degree when the physician uses their own human reproductive material in the assisted reproduction procedure. Sexual abuse in the third degree is also a Class “C” felony.
[3/2: 48-0 (Excused: Kinney, Zumbach)]